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F. Draw upon and utilize Developer funds and/or security in order to cover <br /> the costs of the city in order to correct the Event of Default. <br /> XXVI. Miscellaneous. <br /> A. This Agreement shall be binding upon the parties, their heirs, successors, <br /> or assigns, as the case may be. <br /> B. If any portion, section, subsection, sentence, clause, paragraph, or phrase <br /> of this Agreement is for any reason held invalid, such decision shall not <br /> affect the validity of the remaining portions of this Agreement. <br /> C. The action or inaction of the City shall not constitute a waiver or <br /> amendment to the provisions of this Agreement. To be binding, <br /> amendments or waivers shall be in writing, signed by the parties, and <br /> approved by written resolution of the City Council. The City's failure to <br /> promptly take legal action to enforce this Agreement shall not be a waiver <br /> or release. <br /> D. This Agreement shall run with the Property and shall be binding upon the <br /> Developer, it successors and assigns. The Developer may, at its <br /> expense, record this Agreement in the office of the county Recorder. After <br /> the Developer has completed the work required under this Agreement, at <br /> the Developer's request the City will execute and deliver to Developer a <br /> release in recordable form. <br /> E. All parties to this Agreement acknowledge they have been represented by <br /> counsel and have entered into this Agreement freely and voluntarily. <br /> F. Planning Commission and City Council Conditions of Approval. All <br /> conditions of approval by the Planning Commission and City Council are <br /> incorporated herein by reference. <br /> G. Sewer Lift Station. The Developer shall construct a sanitary sewer lift <br /> station, the location of which is identified on the Final Plat, as well as <br /> wastewater infrastructure within the Plat, pursuant to specifications and <br /> standards established by the City, for which the City will accept as a public <br /> utility. Said lift station shall be constructed according to plans and <br /> specifications approved by the City and based upon a satisfactory <br /> inspection by the City Engineer, said lift station will be accepted for <br /> maintenance by the City. In addition the Developer agrees to convey a <br /> permanent easement to the City for the lift station. <br /> H. In consideration for the installation of the municipal water and sanitary " IN <br /> sewer infrastructure, within the Plat by the Developer, including oversized <br /> 14 <br />